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HomeMy WebLinkAbout04-3408 J MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. C>4-J4oP Ci(Jil~~ CIVIL ACTION - LAW IN DIVORCE CYNTHIA D. ZAMPELLI, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 J MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04 - ..d4oP ClolL<-r~ CYNTffiA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is 1. Michael Zampelli, an adult individual residing at 1157 Brockton Circle, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Cynthia D. Zarnpelli, an adult individual residing at 260 Eden Drive, Etters, York County, Pennsylvania, 17319. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on November 6, 1993 in Dauphin County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on June 7, 2004. 7. There have been tto prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, ofPlaintifl's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with g3301 of the Pennsylvania Divorce Code. 2 WHEREFORE, Plaintiff, J. Michael Zampelli prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and Dated: July !3, 2004 ; / Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 C. Awarding other relief as the Court deems just and r 3 1. MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VITREGARDING-COUNSELING I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A Section 4904 relating to unsworn falsification to authorities. Dated: l /J /bYf7 Y ~/??~.V7dt . CHAEL~i . ~ J. MICHAEL ZAMPELLI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, J. Michael Zampelli, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ) /) /41:/}/ dJ)/~;t241 /J;'MICH~PELLI / 7CJ (0 "'GQ.. ~ ~ - ~ - ....... i'- ~ ~ ~ ()J -(::; - ~ ~ ~ z:- C) , ....., c:.) (1 ~ ,1 ---1 -r !. H1i~~ ~ _r" ~ ~:.J~ b .r-:- 0.,) J. MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICI~ I, Melissa Van Eck, Esquire, on behalf of Cynthia D Zampelli, hereby accepts service and acknowledge receipt of the above-captioned Divorce Complaint, having received said Complaint on the ~ day of --Q ~ ,2004. MiJ! J.~ Eck, Esquir~ Van Eck & Van Eck 7800-A Allentown Blvd. Harrisburg, P A 1711 0 Attorney for Defendant ~ ~ ~ C') I N .." ::It N ., W c:::> ~ --I ::C" ':'~ iTI~-" '0 b -~ ; ".:c.-n 0-- :;:::p, ~~ """ ~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this.J~thday of October, 2004, by and between MICHAEL ZAMPELLI, hereinafter referred to as "HUSBAND", and CYNTHIA D. ZAMPELLI, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on November 6, 1993, in Harrisburg, Dauphin County, Pennsylvania; WHEREAS, no children were born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 10/21/2004 SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Melissa Van Eck, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor 10/21/2004 2 compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be filed promptly upon the expiration of the ninety (90) day grace period provided for by Section 3301 (c) of the Pennsylvania Divorce Code. Each party agrees to cooperate timely and fully in concluding 10/21/2004 3 this matter. HUSBAND has filed such a proceeding and same has been docketed to Docket No. 04-3408 in the Court of Common Pleas of Cumberland County 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 10/21/2004 4 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts. engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to 10/21/2004 5 the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assIgns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or 10121/2004 6 provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of party found to have made the mistake and shall be paid solely by them. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to 10/21/2004 7 the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets brought into the marriage by WIFE and currently in her possession shall be the sole and separate property of WIFE. WIFE shall also receive, as her sole and separate property, all of the items listed on Exhibit "A" and incorporated herein by reference. WIFE agrees that all assets brought into the marriage by HUSBAND and all assets set forth on Exhibit "B" shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 10/21/2004 8 B. REAL ESTATE The parties jointly own property at 260 Eden Drive, Etters, York County, Pennsylvania. Said house is encumbered by a mortgage held by Washington Mutual in the approximate amount of ONE HUNDRED THIRTEEN THOUSAND DOLLARS ($113,000.00) and a line of credit from Members 1'( Federal Credit Union in the approximate amount of NINE THOUSAND DOLLARS ($9,000.00). The house is subject to a contract for sale in the amount of ONE HUNDRED FIFTY-FIVE THOUSAND DOLLARS ($155,000.00). The property is due to settle on October 29,2004. WIFE agrees to maintain the inside of the marital home in good condition and available for showing until sale. HUSBAND agrees to maintain the outside of the marital home in good condition and available for showing until sale. Upon the sale, all liens and encumbrances related to the property shall be satisfied and all customary closing expenses shall be paid. Thereafter, the net proceeds shall be transmitted to counsel for WIFE and disbursement shall be as follows: A) A check shall be paid to WIFE in the amount of Eight Thousand Six Hundred Forty Dollars ($8,640.00); and B) The remainder of the net proceeds after the deductions set forth in (A) above shall be shared equally between the parties and immediately disbursed to each. If for any reason, this sale should not be consummated, the parties agree that they each shall pay one-half (J/2) of the monthly expenses pending sale. The net proceeds of the sale shall then be divided as set forth above 10/21/2004 9 C. MOTOR VEHICLES During the marriage, the parties had acquired three (3) vehicles. These are as follows: I) A 2001 Chevy Tahoe with an estimated retail value of$25,275.00 and no encumbrance, this vehicle is driven by WIFE; 2) A 1991 Mitsubishi 3000 GT with an estimated retail value of$5,000.00 and no encumbrance; and 3) A 2000 Eclipse with an estimated retail value of$10,575.00 which is encumbered with a loan due and owing to Members I st with the approximate value of $6, 519.00. This vehicle is driven by HUSBAND. The parties have also acquired three snowmobiles and a trailer, which are described as follows: (I) A 2000 Polaris XC 700; (2) A 2003 Polaris 600 Classic; (3) A 2004 Ski-doo MX-Z 600; and (4) A Snowmobile Trailer. The parties agree that these assets shall be divided as follows: HUSBAND shall retain his 2000 Mitsubishi Eclipse and shall agree to assume the full obligation for payment of its lien due and owing to Members I s1. HUSBAND shall indemnity and hold WIFE harmless against said lien. WIFE shall retain the 2001 Chevrolet Tahoe The parties agree to cooperate to sign and execute any and all documents which might be required to 10/21/2004 10 effectuate the transfer of ownership of these cars to the party intended herein. All of the snowmobiles and trailer, as well as the 1991 3000 GT have been sold and the parties have shared the proceeds equally. D. FINANCIAL ACCOUNTS: At the time of separation, the parties had the following cash accounts: (I) A checking account from Members l't Federal Credit Union (Account No. 230801-01); (2) A savings account from Members I't Federal Credit Union (Account No. 230801-00); and (3) An E-Trade account that is worth approximately $1,000.00. The Members I't accounts have been used by the parties since separation for the parties' marital debts and living expenses. The accounts shall be closed and any remaining proceeds shall be divided equally between the parties. The E-Trade account shall also be closed and divided equally between the parties. E. BUSINESS INTERESTS: During the marriage, HSUBAND started a part time business known as Zampelli Company. This Company is a broker for certain types of motorcycle parts. HUSBAND shall be the sole owner of said company, together with any of its assets and accounts. This includes the 10/21/2004 11 business checking and savings accounts with Members I't and any inventory. WIFE does hereby remise, release and quitclaim any interest in said business to HUSBAND. HUSBAND further agrees to be solely liable for all expenses and costs related to said business HUSBAND agrees to indemnify and hold WIFE harmless from any claims, costs, expenses related to said business. F. PENSION AND EMPLOYEE BENEFITS HUSBAND has acquired during the course of the marriage a Savings Plan with Moore Wallace North America, Inc. with a separation value of Fifty Thousand Dollars ($50,000.00). HUSBAND agrees to transfer to WIFE the sum of THIRTY THOUSAND DOLLARS ($30,000.00) of the Savings Plans. HUSBAND shall immediately provide WIFE's counsel with the plan requirements for transferring such. HUSBAND shall pay the costs of drafting a Qualified Domestic Relations Order, if necessary. G. INSURANCE The parties agree to retain their own personal insurance policies. The parties confirm that no insurance policies exist which have any accumulated cash values. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party 10/21/2004 12 will be liable. Each party agrees to indemnifY and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties had the following marital debts: 1. Discover Card (Account No. 6011002800738049) $ 344.18 2. Providian (Account No. 4185647313540301) $ 731.87 3. Capital One (Account No. 5291492414914461) $ 7,342.18 4. CitiBank (Account No. 5424180660196384) $ 2,061.19 HUSBAND shall be solely liable for these credit card debts and shall indemnifY and hold WIFE harmless from same. All joint credit cards shall be presently terminated and no further debt incurred upon said cards. It is also agreed that neither party shall advance the line of credit on the marital home except by mutual agreement of both parties. SECTION III ALIMONY, ALIMONY PENDENTE LITE, SUPPORT AND MAINTENANCE AND CLAIMS FOR COUNSEL FEES Both parties acknowledge and agree that the provision of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente 10/21/2004 13 lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed ~. /ji- / .., --) ~ ( );~-~-;'"'~ J. MIC'HAEL ZAMPELLI ( WITNESS / L----- VIi MilleY {!jdtZ WITNESS ~}j,~Q~ C THIA D. z~ LLI 10/21/2004 14 COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared J. MICHAEL ZAMPELLI, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief /// '-- scribed to before me this 26 day of October, 2004. My commission expires: (SEAL) NOTARIAL SEAL IIARtlARA SUMPlE.SUlllVAN Notary Public NEWCUMBERlAND BOROUGH CUMBERlAND COUNTY Commilllon Ex .. Nov 15. 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY o;T~ CL LC{J------- ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared CYNTHIA D. ZAMPELLI, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief , il-- ,Affirmed and ubscribed to before me this ,~h day of October, 2004. ..'.' ;;;.. , ,'I. (SEAL) NOTARIAL SEAL . AMY S.. MASON. Notary Public City of Harrisburg. PA Dauphin County My Commission Expires June 10. 2006 10/2112004 15 : J. Michael Zampelli v. Cynthia D. Zampelli Docket No. 04-3408/ Cumberland County Exhibit "A" to the Marital Settlement Agreement List of Marital Property All bedroom Furniture (Excluding the television) The guest futon All living room furniture (Including the television) The bookcase The oak filing cabinet All Oneida silverware The Rocco Pan Set The white dish set The outside bench, chairs, and side table The large outside umbrella The picnic table and umbrella The fountain The small Tiffany lamp Mason's old Television Washer and Dryer J. Michael Zampelli v. Cynthia D. Zampelli Docket No. 04-3408/ Cumberland County Exhibit "B" to the Marital Settlement Agreement List of Marital Property All family room furniture (Including the television) All office furniture Devon's futon The bedroom television The garage television All Rogers silverware All Revereware pan set All apple dishes The gas grill _Thp rpfi-;Bp.rat~ ~ All remaining tools . . I MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 14, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: /()/c?c:k Ou '/ J. MICHAEL Z ~/ . . 1 MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.CS. S4904 relating to unsworn falsification to authorities. DATE: /(1 RbaoOY ///A J. MICHAEL LI L/ 1 MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 14, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: J 0 - '),lp - O~ c~~ QR. NTHIA D: MP ~o { 1 MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.CS. S4904 relating to unsworn falsification to authorities. DATE JO/:)<..o -cy ~~~~Ol~ \ .... ('") Barbara Sump Ie-Sullivan, Esquire Supreme Court #323] 7 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 1 MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. 26, 2004. 2. Date and manner of service of the complaint: Acceptance of Service on July 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff October 26, 2004; by Defendant October 26, 2004. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated October 26,2004 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was fi;:led - 'th Prothonotary: November 8, 2004. Date Defendant's Waiver of Notice in 3301(c) Divo e was filed with Prothonotary: November 8, 2004. / . ~ . Dated: November ~004 c Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff It. ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #323] 7 549 Bridge Street New Cumberland, P A ] 7070 (717) 774-1445 1 MICHAEL ZAMPELLI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Melissa Van Eck, Esquire Van Eck & Van Eck 7800-A Allentown Blvd. Harrisburg, PA 17110 "1 ! DATED: NOVemb&~ 2004 "= i Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. #32317 Attorney for Plaintiff // ?~~~~~~~~~~+.~+.+.+.+. + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. +.'+' +.+. '4'+. +. +. +.+. +. +. +.+.+.+. +.+ +. +. +. +. +. +. +. +. +. ~ +. +.+.+.+.+.++++.+.+.++.+.++++.+.+.+.+.+++.++.+~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + :+ M + + -+: '" + ~ + + t' t' ++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. J. MICHAEL ZAMPELLI, Plaintiff No, 04-3408 VERSUS CYNTHIA D. ZAMPELLI, + + + + + + + . + + + + + + + . + + Defendant DECREE IN DIVORCE NOW'~ &_ j ;~~N\. 2004 IT IS ORDERED AND + + + + + + + + + + + + + + + + + + AND -~, J. MICHAEL ZAMPELLI , PLAINTIFF, DECREED THAT CYNTHIA D. ZAMPELLI , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + :t+. ~ +. +. 'f +. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated October 26, 2004 and incorporated, but not merged, into the Decree. (2 ~o~ 10 . ---~ ~ OTHONOTARY +.~~++~+'f~'f++'f++++++:+++++ 'f'f+'f+.'f+'+:+' +.~+.+~+.+.+.++++'f+.+.+'f'f++ 7':J' h:?7/7 jlz; g ~ ~~ .Ar.? tiC' /1 ~~F f& ~ ~/ /7) .A(/ /J~'/I ~ ~ ~ . .' ',; #;. ~ s , J. MICHAEL ZAMPELLI, Plaintiff NOV 1 8 2005 IN THE COURT OF COMMON PLE\i\..s- ,IVI~ CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-3408 CYNTHIA D. ZAMPELLI, Defendant CIVIL ACTION - LAW IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan that is qualified under Section 401 of the Internal Revenue code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) 0 the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, social security number and date of birth of the plan" Name: James Michael Zampelli ("Participant") Address: 1157 Brockton Circle City: New Cumberland State: P A Zip Code: 17070 Social Security Number: 179-58-8862 Birth Date: 2-19-64 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the "Alternate Payee" is: Name: Cynthia Slagle ("Participant") Address: 708 Ouaker Circle, Apartment #1 City: Lewisberry State: P A Zip Code: 17339 Social Security Number: 161-60-2586 Birth Date: 10-29-63 , . The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: the name of the Plan to which this Order applies is the Moore Wallace North America Savings Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s) to which liability for provision ofthe Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. The name and address of the Plan Administrator is as follows: Moore Wallace North America and RR Donnelley & Sons Co. 77 West Wacker Drive, 10th FI. Chicago, IL 60601 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of [marital property rights] [spousal support] to the Alternate Payee as a result ofthe Order of [Divorce] [Dissolution] between Participant and Alternate Payee. ~~.1' ,. 7. Amount?f Alternate ~a'yee'~ Benefit (Fixed Dollar Basis): This Order assigns to Alternate [/1 ) layee a portIOn of the Participants Total Account Balance accumulated under the Plan as of ~ ?ctober 26, 2004, in an amount equal to $30,000.00, plus any interest and investment incom~ ~ for periods subsequent to October 26, 2004, until the date of total distribution. CQ-S- IMPORT ANT NOTE: Due to a change in plan recordkeepers, the plan administrator cannot obtain account balance information nor track investment gains/losses for periods prior to July 1, 2004. Therefore, be sure to utilize an effective date of assignment in Alternative A or B above, that is on or after July 1, 2004. It is understood that once the Alternate Payee's share of the benefits are segregated and separately maintained in an account established on the alternate payee's behalf pending distribution, they shall be additionally credited with any interest and investment income or losses from the date of segregation until the date of distribution to the Alternate Payee. To the extent that the Participant has amounts held in different investment funds, sub-accounts or tax status accounts, then a "pro-rata" portion of the total amount of the Alternate Payee's benefits shall come from each such fund or sub-account of the Participant. From and after the date of establishment of the Alternate Payee's Account pursuant to the terms of this Order, the Alternate Payee's Account shall be administered under the Plan as an account separate and distinct from the Participant's account thereunder. All payments to be made to the Alternate Payee under the terms of this Order and under the provisions of the Plan shall be made only from the Alternate Payee's Account and only as otherwise permitted under the provisions of the Plan. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, she shall be paid her benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan, ifIater. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms ofthe Plan, including, but not limited to, a single lump-sum cash payment. 9. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, all to the extent permitted under the provisions of the Plan. 10. Death of Alternate Payee: In the event of Alternate Payee's death prior to her receiving the full amount of benefits called for under this Order and under the benefit option chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator, shall receive the remainder of any unpaid benefits under the terms of this Order, and in accordance with the benefit option selected by Alternate Payee. 11. Death of Participant: In the event that the Participant dies prior to the establishment of a separate Account in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent ofthe full amount of her benefits as called for under Paragraph 7 of this Order. Should the Participant predecease the Alternate Payee after the new Account has been established on her behalf, such Participant's death shall in no way affect Alternate Payee's right to the portion of her benefits as stipulated herein. 12. Saving Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order which was previously deemed to be a QDRO. 13. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably required from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualifY as a QDRO under Section 414(p) of the Internal Revenue Code, as it maybe amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 15. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 402( a)(l ) and 72 ofthe Internal Revenue Code, any Alternate Payee who is the spouse or former spouse ofthe Participant shall be treated as the distribute of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 16. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent ofthe parties as stipulated herein. 17. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupement or offset for overpayment. If the Plan pays one party a portion of the other party:s beoofits ~r the Plan and this Order, the party receiving the overpayment will return thC:lOn to the Plan, 1'hich in turn, will pass that portion on to the other party. / D", 1I/;.3J.~ ~ J. i..... C~:B8~~~Wo Cynthia D. Z pel' v Q-- r-,'" .1 II \ \;':) 'v J~L'j'j ,',:J r-J I C ~-,l r ';::.1 Li..... 1\..,',1:' Ai J-:J '\\\ COMMONWEALTH OF PENNSYL VANIA COUNTY OF C:lA"'~\\G\"",1 On this, th~ ~ day ofQff:~' 2005, befofe me, a NotafY Public, the undefsigned officef, personally appear d J. Michael Zampelh, known to me (or satJsfactonly proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes thefein contained. SS. IN WITNESS WHEREOF, I hereunto set my hand and Notary Public My commission expo NOTARIAL SEAL BARBARA SUMPtE-SULUVAN Notary Public NEWCUMBERlAND BOROUGH CUMBERlAND COUNl'I My Commbslon Expkes Nov 15. 2007 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the ~ day of ~Ab/" , 2005, befofe me, a Notary Public, the undefsigned officer, personally appeared Cynthia D. Zampelli, known to me (Of satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and 0 Notary Public My commission expifes: NOTARIAL SEAL AMY S, MASON, Notary Public City of Ha~risburg, PA Dauphin County My Commission Expires June 10. 2006 ......._____u~_,.